[Federal Register: October 29, 2004 (Volume 69, Number 209)]
[Rules and Regulations]
[Page 63072-63075]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc04-19]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R07-OAR-2004-MO-0003; FRL-7831-1]
Approval and Promulgation of Implementation Plans; State of
Missouri; Designation of Areas for Air Quality Planning Purposes, Iron
County; Arcadia and Liberty Townships
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule and notice of administrative change.
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SUMMARY: EPA is announcing the redesignation of the lead nonattainment
area in Iron County, Missouri, to attainment of the National Ambient
Air Quality Standard (NAAQS) for lead. We are approving the maintenance
plan for this area including a settlement agreement which was submitted
with the redesignation request. This final rule addresses a comment
submitted in response to EPA's direct final rule published previously
for this action on June 30, 2004. The effect of the state
implementation plan (SIP) approval is to ensure Federal enforceability
of the state air program plan to provide for maintenance of the lead
NAAQS. The effect of the redesignation is to recognize that the area
has attained the lead NAAQS and to focus future air quality planning
efforts on maintenance of the lead NAAQS in the area. EPA is also
providing notice of an administrative change to a table in the Code of
Federal Regulations which identifies the Missouri SIP.
DATES: This final rule will be effective November 29, 2004.
ADDRESSES: Copies of documents relevant to this action are available
for public inspection during normal business hours at the Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101, or by going to the Regional Material
in EDocket index at http://docket.epa.gov/rmepub/ and doing a quick
search on ``R07-OAR-2004-MO-0003.''
FOR FURTHER INFORMATION CONTACT: Joshua Tapp at (913) 551-7606, or by
e-mail at tapp.joshua@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 30, 2004, EPA simultaneously published a proposed rule (69
FR 39382) and a direct final rule (69 FR 39337) to approve the
redesignation of the nonattainment area in Iron County, Missouri,
bounded by Arcadia and Liberty Townships, to attainment for lead and to
take final action to approve the submission for the Doe Run Primary
Smelting Facility near Glover, Missouri, as an amendment to the SIP.
The basis for our approval of this redesignation and maintenance
plan is described in more detail in the direct final rule (69 FR
39337). The Missouri Department of Natural Resources (MDNR) met the
criteria under section 107(d)(3)(E) of the Clean Air Act Amendments
(CAAA) for redesignation of the nonattainment area in Iron County to
attainment for the lead standard as described in detail in the direct
final rule.
The area was designated as nonattainment for lead in January 1992.
The nonattainment area includes the portion of Iron County, Missouri,
bounded by Arcadia and Liberty Townships. The major source of lead
emissions in this nonattainment area is the Doe Run Primary Smelting
Facility, near Glover, Missouri.
Primary smelting of lead began at this location in 1968. Currently
the facility has ceased production and has been operating on a care and
maintenance schedule since December 1, 2003. The state submittal
provided ambient air monitor data showing that this area has
consistently shown compliance with the NAAQS for lead since the first
quarter of 1997, well before the recent shut-down of the facility.
Ambient monitoring for lead has shown compliance with the NAAQS for 28
consecutive calendar quarters. The NAAQS for lead is 1.5 micrograms per
cubic meter (1.5 [mu]g/m\3\), maximum quarterly average. A quarterly
average is considered a violation of the standard if it is at least 1.6
[mu]g/m\3\ when rounded to tenths from the hundredths place when
monitored.
EPA guidance provides that, for lead, attainment should be
demonstrated by modeling as well as monitoring. Air dispersion modeling
using the ISCST Version 3 dated February 4, 2002, was used to evaluate
the concentration of lead resulting from operations at the Doe Run
Primary Lead Smelting Facility. The maximum concentration predicted by
the model was a value of 1.252 [mu]g/m\3\ which is in compliance with
the lead standard. This maximum modeled value was obtained by
incorporating the plume depletion, dry removal option in the ISCST
model.
The facility is currently in a non-production mode, but attainment
had been shown for several years prior to this change in operation in
December 2003. EPA has determined that the improvement in air quality
is due to permanent and enforceable SIP controls. EPA has also
determined that the area has a fully approved SIP for the area meeting
the requirements of section 110 and Part D of Title I of the CAA. The
maintenance plan submitted as part of the SIP revision provides for
maintenance of the relevant NAAQS in the area for at least ten years
after the approval of redesignation to attainment and provides for
adequate contingency measures to address any future violations. The
basis for these determinations is described in detail in the direct
final rule (69 FR 39337, 39339).
EPA received an adverse comment during the 30-day comment period
and therefore withdrew the direct final rule on August 24, 2004 (69 FR
51956).
[[Page 63073]]
II. Today's Action
In this final rulemaking, EPA is responding to the adverse comment,
and granting final approval to the redesignation of the lead
nonattainment area in Iron County, Missouri, to attainment of the NAAQS
for lead. We are also approving the maintenance plan for this area,
including a state administrative settlement agreement which was
submitted with the redesignation request.
III. Comment and Response
EPA received one adverse comment on EPA's June 30, 2004, rule. A
summary of the adverse comment and EPA's response is provided below.
Comment: The commenter was concerned that air pollution from
Missouri industrial sources effect the air quality in states to the
east of Missouri, including New Jersey, and EPA should focus on
protecting public health and improving air quality.
Response: The commenter did not take issue with any specific
determinations made by EPA with respect to approval of the
redesignation request and maintenance plan. The commenter submitted no
analysis or data suggesting that lead emissions in the Glover area had
any effect on other states. With respect to the commenter's concern
about transported emissions, we note that the air dispersion modeling
submitted by the Missouri Department of Natural Resources for the
redesignation of the lead nonattainment area in the Glover, Missouri,
area indicated that the NAAQS for lead had been attained and would be
maintained. The Doe Run facility is located within the boundaries of
the Liberty and Arcadia townships in Iron County, Missouri. There are
no predicted violations of the NAAQS for lead in the ambient air in the
vicinity of the Doe Run facility. The predicted lead concentrations
resulting from the operation of the lead smelter decrease rapidly as
the distance from the lead sources increases. The NAAQS for lead is 1.5
micrograms per cubic meter averaged over a calendar quarter. A review
of the modeling indicates that lead concentrations decrease to
approximately 0.01 micrograms per cubic meter at approximately 10
kilometers from the facility. The modeling predictions are supported by
the measurements made in the local area. Due to the highly localized
impacts of lead emissions from the facility, it is extremely unlikely
that any significant lead concentrations from the smelter would reach
any areas outside Missouri.
EPA also notes that this action will not result in any increases in
emissions from the facility. The maintenance plan commits to continuing
to implement the lead emission control measures which resulted in
attainment of the lead standard and to implementing contingency
measures as necessary to address exceedances of the lead NAAQS. Any
significant new growth would be subject to Missouri's construction
permitting program. Therefore, EPA's action will not result in any
additional air quality problems with respect to lead, either locally or
in other states.
IV. Final Action
Final rule. EPA is granting final approval to the redesignation of
the lead nonattainment area in Iron County, Missouri, to attainment of
the NAAQS for lead. We are approving the maintenance plan for this area
including a settlement agreement which was submitted with the
redesignation request. For the reasons stated in the direct final rule
referenced previously, EPA has determined that the submission meets the
criteria under section 107(d)(3)(E) of the CAAA for redesignation, and
the maintenance plan requirements in section 175A of the CAAA.
Administrative change. We are also adding numbers to entries
previously published in table (e) in Sec. 52.1320. On May 13, 2004 (69
FR 26506), table (e) was amended and the entry for the ``Vehicle I/M
Program'' for St. Louis is designated (47). On August 24, 2004 (69 FR
51955), table (e) was amended and the entry for the ``Revised
Maintenance Plan of Doe Run Resource Recycling Facility near Buick,
Mo.,'' is designated (48).
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule
approves preexisting requirements under state law. In addition, the
redesignation is an action which affects the status of a geographic
area but does not impose any new requirements on governmental entities
or sources. Therefore because it does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
This rule and redesignation do not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely approves a state rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
[[Page 63074]]
Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
A major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 28, 2004. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, Lead, National
parks, Wilderness area.
Dated: October 8, 2004.
James B. Gulliford,
Regional Administrator, Region 7.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. Section 52.1320 is amended as follows:
0
a. In the table to paragraph (d) by adding entry (22) in numerical
order.
0
b. In the table to paragraph (e) designating the entry for ``Vehicle I/
M Program'' as (47) and designating the entry for ``Revised Maintenance
Plan of Doe Run Resource Recycling Facility near Buick, MO.,'' as (48)
and by adding entry (49) in numerical order.
Sec. 52.1320 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Missouri Source-Specific Permits and Orders
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State EPA approval
Name of source Order/permit number effective date date Explanation
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* * * * * * *
(22) Doe Run Lead Smelter, Glover, Settlement Agreement. 10/31/03 10/29/04 .....................
MO.
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(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
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Applicable geographic State EPA approval
Name of nonregulatory SIP provision or nonattainment area submittal date date Explanation
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* * * * * * *
(49) Lead Maintenance Plan........... Iron County (part) 1/26/04 10/29/04 ........................................................
within boundaries of
Liberty and Arcadia
Townships.
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PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.326 the table entitled ``Missouri-Lead'' is amended by
revising the entry for ``Iron County (part) Within boundaries of
Liberty and Arcadia Townships'' to read as follows:
Sec. 81.326 Missouri.
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[[Page 63075]]
Missouri-Lead
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Designation Classification
Designated area --------------------------------------------------------------------------------
Date Type Date Type
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* * * * * * *
Iron County (part) Within October 29, 2004.. Attainment. ................... .................
boundaries of Liberty and
Arcadia Townships.
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[FR Doc. 04-24134 Filed 10-28-04; 8:45 am]
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